Traub Lieberman Partner Lisa M. Rolle Obtains Defense Verdict at Trial

Traub Lieberman Straus & Shrewsberry LLP (”TLSS”) partner Lisa M. Rolle obtained a defense verdict in the trial of Robins v. EBM Long Beach and Aqua Construction Corp., in the Supreme Court of the State of New York, Nassau County, on May 7, 2018.  Plaintiff Wendy Robins claimed to have sustained severe injuries when she tripped and fell as a result of a hazardous condition at the construction site owned by EBM Long Beach, which had hired general contractor Aqua Construction Corp. to erect a high-rise luxury condominium building on the boardwalk in Long Beach, New York.  Plaintiff claimed that the sidewalk curb was 2¼ inches higher than the driveway apron adjacent to the curb, creating a latent, dangerous, and hazardous condition; and further claimed that the driveway apron should have been barricaded by a fence, preventing entry. As a result of the accident, Plaintiff underwent two surgical procedures and was declared totally disabled by Social Security Disability, compelling her into early retirement from her occupation as an adaptive physical education teacher for the City of New York.  Her spouse claimed loss of consortium.

Representing both the owner and the general contractor, Ms. Rolle argued that the construction site was properly barricaded and that the height differential between the curb and the driveway apron did not pose an unsafe condition.  Further, Ms. Rolle argued that Plaintiffs were aware that the driveway apron was part of the construction site because they resided next door, but disregarded the fencing surrounding the remainder of the premises. Finally, Ms. Rolle presented testimony of a toxicologist, which supported her argument that Plaintiff’s blood alcohol level of .12 impaired her judgment and balance.

The jury returned a unanimous verdict in favor of TLSS’ clients, dismissing the action.